HF 373 (Introduced Feb 13, 2025) — Summary
Overview
- Purpose: A bill relating to legal representation for children who are placed in, or may be placed in, foster care. It contemplates using an attorney appointed as counsel for the child to perform duties traditionally associated with guardians ad litem (GAL) and to extend representation beyond the foster-care placement period, with certain reporting and information-access provisions.
- Status: Withdrawn (as of Mar 31, 2025). It was renumbered during Committee proceedings as HF 953 and advanced through multiple committee stages before withdrawal.
Core Provisions (as introduced)
- Appointment and duties
- If a guardian ad litem is discharged and an attorney is appointed as counsel for the child under this section, the attorney may perform GAL duties described in the statute (specific GAL duties referenced from section 232.2, subsection 25, paragraphs b(1), (2), (3), (4), (6), (7), and (9)).
- An attorney serving as counsel for a child could be appointed in a way that allows continued representation even if the attorney also represents other children, unless a conflict arises between the attorney and the child or among children represented by the attorney.
- New Subsection 4 — Continued representation
- If a child remains in foster care after the circumstances that led to placement have resolved, the child’s right to representation under this section continues until the child is no longer receiving foster care.
- New Subsection 5 — Duties, reporting, and information access
- 5a. An attorney appointed as counsel for a child must perform the duties of a GAL as described in the referenced GAL statute.
- 5b. An attorney appointed as counsel for a child is not required to submit written reports to the court as described in the referenced GAL reporting provision.
- 5c. To the extent not prohibited by state or federal law, the attorney may:
- (1) Interview persons relevant to the matter (including service providers such as medical, social, mental health, educational or other providers for the child).
- (2) Inspect and copy records relevant to the matter (including health, mental health, and educational records).
Affected Parties
- Children in or at risk of foster care placement (beneficiaries of representation).
- Attorneys serving as counsel for children or guardians ad litem in foster care matters.
- The court handling foster care cases and related proceedings.
- Service providers and agencies involved in the child’s medical, educational, and social services (subject to privacy and applicable law).
Procedural Timeline and Status
- 2025-02-13: Introduced (House File 373), referred to Judiciary.
- 2025-03-03 to 2025-03-04: Subcommittee meeting and passage recommendations; subcommittee report indicated passage.
- 2025-03-06: Committee report recommending passage; committee vote 21 Yeas, 0 Nays.
- 2025-03-12: Committee report renumbered as HF 953.
- 2025-03-31: Withdrawn from consideration (status shows Withdrawn).
Notes
- The bill would shift or supplement traditional GAL duties by allowing a child’s attorney to serve in the GAL role, with an explicit continuation of representation beyond foster-care placement under specified conditions.
- It reduces the mandate for written court reports by counsel-for-the-child while expanding access for interviews and records, subject to privacy and legal constraints.
This summary captures the bill’s intent, key provisions, and legislative trajectory, focusing on how representation for children in foster care would be structured and maintained.