Senate File 2298 - Introduced SENATE FILE 2298 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3176) A BILL FOR An Act relating to transfer of guardianship in child in need of 1 assistance proceedings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5635SV (1) 85 ad/nh

S.F. 2298 Section 1. NEW SECTION . 232.101A Transfer of guardianship 1 to custodian. 2 1. After a dispositional hearing the court may enter an 3 order transferring guardianship of the child to a custodian if 4 all of the following conditions are met: 5 a. The person receiving guardianship meets the definition 6 of custodian in section 232.2. 7 b. The person receiving guardianship has assumed 8 responsibility for the child for at least the six consecutive 9 months prior to filing of the petition under this division and 10 has maintained placement of the child since the filing of the 11 petition under this division. 12 c. The parent of the child does not appear at the 13 dispositional hearing, or the parent appears at the 14 dispositional hearing, does not object to the transfer of 15 guardianship, and agrees to waive the requirement for making 16 reasonable efforts as defined in section 232.102. 17 2. If the court transfers guardianship pursuant to 18 subsection 1, the court may close the child in need of 19 assistance case by transferring jurisdiction over the child’s 20 guardianship to the probate court. The court shall inform the 21 proposed guardian of the guardian’s reporting duties under 22 section 633.669 and other duties under chapter 633. Upon 23 transferring jurisdiction, the court shall direct the probate 24 clerk, once the proposed guardian has filed an oath of office 25 and identification in accordance with section 602.6111, to 26 issue letters of appointment for guardianship and docket the 27 case in probate. Records contained in the probate case file 28 that were copied or transferred from the juvenile court file 29 concerning the case shall be subject to section 232.147 and 30 other confidentiality provisions of this chapter for cases not 31 involving juvenile delinquency. 32 Sec. 2. Section 633.675, subsection 2, Code 2014, is amended 33 to read as follows: 34 2. Notwithstanding subsection 1, paragraphs “a” through 35 -1- LSB 5635SV (1) 85 ad/nh 1/ 3

S.F. 2298 “d” , if the court appointed a guardian for a minor child for 1 whom the court’s jurisdiction over the child’s guardianship 2 was established pursuant to transfer of the child’s case in 3 accordance with section 232.101A or 232.104 , the court shall 4 not enter an order terminating the guardianship before the 5 child becomes age eighteen unless the court finds by clear 6 and convincing evidence that the best interests of the child 7 warrant a return of custody to the child’s parent. 8 Sec. 3. Section 633.679, subsection 2, Code 2014, is amended 9 to read as follows: 10 2. Unless the child or guardian dies or other exceptional 11 circumstances arise, if the court has appointed a guardian 12 for a minor child for whom the court’s jurisdiction over the 13 child’s guardianship was established pursuant to transfer 14 of the child’s case in accordance with section 232.101A 15 or 232.104 , a petition shall not be filed asking that the 16 guardianship be terminated or modified until at least six 17 months has elapsed from the date the order was entered 18 appointing the guardian. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to transfer of guardianship in child in 23 need of assistance proceedings. Currently, a court must enter 24 the least restrictive disposition that is appropriate following 25 a hearing on the child in need of assistance petition. These 26 dispositions include a suspended judgment, the retention of 27 custody by a parent, and the transfer of legal custody of the 28 child. The bill adds another disposition: the transfer of 29 guardianship of the child. The bill allows the transfer of 30 guardianship of a child to a custodian after the dispositional 31 hearing if the person receiving guardianship meets the 32 statutory definition of a custodian, the person receiving 33 guardianship has assumed responsibility for the child for six 34 consecutive months prior to the filing of the child in need 35 -2- LSB 5635SV (1) 85 ad/nh 2/ 3

S.F. 2298 of assistance petition and has maintained responsibility for 1 the child after the filing of the petition, and the parent of 2 the child either does not appear at the dispositional hearing 3 or the parent appears and does not object to the transfer of 4 guardianship and agrees to waive the requirement for making 5 reasonable efforts to prevent or eliminate the need for removal 6 of the child from the child’s home. 7 The bill also states that if the court transfers 8 guardianship pursuant to the bill, the court may close the 9 child in need of assistance case by transferring the case to 10 probate court. The court has the responsibility to inform the 11 guardian of the statutory reporting requirements and other 12 duties of the guardianship. 13 The bill makes conforming changes. 14 -3- LSB 5635SV (1) 85 ad/nh 3/ 3