HF 2453 (LSB 5928HV (3) 88)

HOUSE FILE 2453

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 579)

A BILL FOR

An Act relating to guardianships and conservatorships of minors. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232D.103, Code 2020, is amended to read as follows:
   232D.103  Jurisdiction.
   The juvenile court has exclusive jurisdiction in a guardianship proceeding concerning a minor who is alleged to be in need of a guardianship, and guardianships of minors.
    Sec. 2.  Section 232D.105, subsection 1, Code 2020, is amended to read as follows:
   1.  A petition alleging that a minor is in need of a conservatorship is not subject to this chapter. Such proceedings shall be governed by chapter 633 and may be initiated pursuant to section 633.627 633.557.
    Sec. 3.  NEW SECTION.  232D.107  Confidentiality.
   Official juvenile court records in guardianship proceedings shall be confidential and are not public records. Confidential records may be inspected and their contents shall be disclosed to the following without court order, provided that a person or entity who inspects or receives a confidential record under this section shall not disclose the confidential record or its contents unless required by law:
   1.  The judge and professional court staff.
   2.  The minor and the minor’s counsel.
   3.  The minor’s parent, guardian or custodian, court visitor, and any counsel representing such person.
    Sec. 4.  Section 232D.301, subsection 2, paragraph d, subparagraph (3), Code 2020, is amended to read as follows:
   (3)  Any adult who has had the primary care of the minor or with whom the minor has lived for at least any time during the six months prior to immediately preceding the filing of the petition.
    Sec. 5.  Section 232D.301, subsection 4, Code 2020, is amended to read as follows:
   4.  The petition shall state whether a limited guardianship is appropriate, and whether a conservatorship for the minor is needed or already in existence.
    Sec. 6.  Section 232D.302, subsection 2, Code 2020, is amended to read as follows:
   2.  Notice shall be served upon the minor’s known parents listed in the petition in accordance with the rules of civil procedure. If the parent has not filed a consent to the appointment of a guardian, the notice shall inform any parent named in the petition that the parent may be entitled to representation under the conditions described in section 232D.304.
    Sec. 7.  Section 232D.305, subsection 1, Code 2020, is amended to read as follows:
   1.  The court may appoint a court visitor for the minor.  A person is qualified to serve as a court visitor if the court determines the person has demonstrated sufficient knowledge of guardianships to adequately perform the duties in subsection 3. 
    Sec. 8.  Section 232D.306, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A hearing on the petition may be recorded if a court reporter is not used.
    Sec. 9.  Section 232D.307, subsection 2, Code 2020, is amended to read as follows:
   2.  The court shall review the results of background checks in determining the suitability of a proposed guardian for appointment, and may, for good cause, share with the respondent, the respondent’s attorney, and the protected person’s attorney, the results of background checks.
    Sec. 10.  Section 232D.401, subsection 1, Code 2020, is amended to read as follows:
   1.  The order by the court appointing a guardian for a minor shall state the basis for the order and the date on which the first reporting period for the guardianship will end.
    Sec. 11.  Section 232D.401, subsection 3, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   An order by the court appointing a guardian for a minor shall state the powers granted to the guardian. Except as otherwise limited by court order, the court may grant the guardian the following powers, which may be exercised without prior further court approval:
    Sec. 12.  Section 232D.401, subsection 3, paragraph e, Code 2020, is amended to read as follows:
   e.  Applying for and receiving funds and benefits payable for the support of the minor if the minor does not have a conservator. If the minor has a conservator, the guardian shall notify the conservator at least ten days before applying for funds or benefits for the support of the minor.
    Sec. 13.  Section 232D.501, subsection 1, paragraph a, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (2A)  The guardian’s plan, if any, for applying for and receiving funds and benefits payable for the support of the minor.
    Sec. 14.  Section 232D.501, subsection 1, paragraph b, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (11)  The results of the guardian’s efforts to apply for funds or benefits for the minor, and an accounting for the use of such funds or benefits by the guardian.
    Sec. 15.  Section 232D.501, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  5.  A copy of the verified initial care plan and verified annual reports shall be provided by the court to the protected person.
   NEW SUBSECTION.  6.  The judicial branch shall develop and implement a calendar system to ensure that reports of the guardian are timely filed, and to provide notice to the court of guardian reports which are not timely filed.
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 guardianships and conservatorships of minors. 
   Under current law, the juvenile court has exclusive jurisdiction of guardianship proceedings. The bill provides that the juvenile court also has exclusive jurisdiction over guardianships of minors. 
   The bill changes a Code reference for a petition to appoint a conservator for a minor.
   The bill provides that a petition for a minor guardianship must state whether a minor needs or currently has a conservatorship. 
   The bill provides that juvenile court records in guardianship proceedings are confidential and are not public records. The confidential records may be inspected and disclosed without court order to the judge and professional court staff; the minor and minor’s counsel; and the minor’s parent, guardian or custodian, court visitor, and any counsel representing such person. 
   The bill describes who is qualified to serve as a court visitor for a minor. 
   The bill provides that notice of a guardianship proceeding must be given to any adult with whom the minor has lived for any time during the six months immediately preceding the filing of the petition.
   The bill further provides that if a minor’s known parents have not consented to the appointment of a guardian, the notice of the filing of a guardianship petition shall inform the known parents that they are entitled to representation if they meet the conditions in Code section 232D.304.
   The bill provides that hearings on petitions for guardianship may be recorded, and that for good cause a court may share the results of background checks regarding the suitability of a proposed guardian.
   The bill also directs that the initial verified care plan must include the guardian’s plan for applying and receiving funds and benefits for the support of the minor, that a copy of the verified initial care plan and verified annual reports be provided to the minor, and that the court develop and implement a calendar system to ensure reports are timely filed.