SSB 3176 (LSB 5635SC (1) 85)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG)

A BILL FOR

An Act relating to transfer of guardianship in child in need of assistance proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  232.101A  Transfer of guardianship to custodian.
   1.  After a dispositional hearing the court may enter an order transferring guardianship of the child to a custodian if all of the following conditions are met:
   a.  The person receiving guardianship meets the definition of custodian in section 232.2.
   b.  The person receiving guardianship has assumed responsibility for the child for at least the six consecutive months prior to filing of the petition under this division and has maintained placement of the child since the filing of the petition under this division.
   c.  The parent of the child does not appear at the dispositional hearing, or the parent appears at the dispositional hearing, does not object to the transfer of guardianship, and agrees to waive the requirement for making reasonable efforts as defined in section 232.102.
   2.  If the court transfers guardianship pursuant to subsection 1, the court may close the child in need of assistance case by transferring jurisdiction over the child’s guardianship to the probate court. The court shall inform the proposed guardian of the guardian’s reporting duties under section 633.669 and other duties under chapter 633. Upon transferring jurisdiction, the court shall direct the probate clerk, once the proposed guardian has filed an oath of office and identification in accordance with section 602.6111, to issue letters of appointment for guardianship and docket the case in probate. Records contained in the probate case file that were copied or transferred from the juvenile court file concerning the case shall be subject to section 232.147 and other confidentiality provisions of this chapter for cases not involving juvenile delinquency.
    Sec. 2.  Section 633.675, subsection 2, Code 2014, is amended to read as follows:
   2.  Notwithstanding subsection 1, paragraphs “a” through “d”, if the court appointed a guardian for a minor child for whom the court’s jurisdiction over the child’s guardianship was established pursuant to transfer of the child’s case in accordance with section 232.101A or 232.104, the court shall not enter an order terminating the guardianship before the child becomes age eighteen unless the court finds by clear and convincing evidence that the best interests of the child warrant a return of custody to the child’s parent.
    Sec. 3.  Section 633.679, subsection 2, Code 2014, is amended to read as follows:
   2.  Unless the child or guardian dies or other exceptional circumstances arise, if the court has appointed a guardian for a minor child for whom the court’s jurisdiction over the child’s guardianship was established pursuant to transfer of the child’s case in accordance with section 232.101A or 232.104, a petition shall not be filed asking that the guardianship be terminated or modified until at least six months has elapsed from the date the order was entered appointing the guardian.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to transfer of guardianship in child in need of assistance proceedings. Currently, a court must enter the least restrictive disposition that is appropriate following a hearing on the child in need of assistance petition. These dispositions include a suspended judgment, the retention of custody by a parent, and the transfer of legal custody of the child. The bill adds another disposition: the transfer of guardianship of the child. The bill allows the transfer of guardianship of a child to a custodian after the dispositional hearing if the person receiving guardianship meets the statutory definition of a custodian, the person receiving guardianship has assumed responsibility for the child for six consecutive months prior to the filing of the child in need of assistance petition and has maintained responsibility for the child after the filing of the petition, and the parent of the child either does not appear at the dispositional hearing or the parent appears and does not object to the transfer of guardianship and agrees to waive the requirement for making reasonable efforts to prevent or eliminate the need for removal of the child from the child’s home.
   The bill also states that if the court transfers guardianship pursuant to the bill, the court may close the child in need of assistance case by transferring the case to probate court. The court has the responsibility to inform the guardian of the statutory reporting requirements and other duties of the guardianship.
   The bill makes conforming changes.