Senate
Study
Bill
3074
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
guardianship
of
minors.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
232D.103,
Code
2020,
is
amended
to
read
1
as
follows:
2
232D.103
Jurisdiction.
3
The
juvenile
court
has
exclusive
jurisdiction
in
a
4
guardianship
proceeding
concerning
a
minor
who
is
alleged
to
be
5
in
need
of
a
guardianship
,
and
guardianships
of
minors
.
6
Sec.
2.
Section
232D.105,
subsection
1,
Code
2020,
is
7
amended
to
read
as
follows:
8
1.
A
petition
alleging
that
a
minor
is
in
need
of
a
9
conservatorship
is
not
subject
to
this
chapter
.
Such
10
proceedings
shall
be
governed
by
chapter
633
and
may
be
11
initiated
pursuant
to
section
633.627
633.557
.
12
Sec.
3.
Section
232D.301,
subsection
2,
paragraph
d,
13
subparagraph
(3),
Code
2020,
is
amended
to
read
as
follows:
14
(3)
Any
adult
who
has
had
the
primary
care
of
the
minor
or
15
with
whom
the
minor
has
lived
for
at
least
six
months
prior
to
16
immediately
preceding
the
filing
of
the
petition.
17
Sec.
4.
Section
232D.302,
subsection
2,
Code
2020,
is
18
amended
to
read
as
follows:
19
2.
Notice
shall
be
served
upon
the
minor’s
known
parents
20
listed
in
the
petition
in
accordance
with
the
rules
of
civil
21
procedure.
If
a
parent
has
not
filed
an
affidavit
consenting
22
to
the
appointment
of
a
guardian,
the
notice
shall
inform
23
the
minor’s
known
parents
listed
in
the
petition
that
the
24
parents
are
entitled
to
representation
if
the
parents
meet
the
25
conditions
of
section
232D.304.
26
Sec.
5.
Section
232D.401,
subsection
3,
unnumbered
27
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
28
An
order
by
the
court
appointing
a
guardian
for
a
minor
shall
29
state
the
powers
granted
to
the
guardian.
Except
as
otherwise
30
limited
by
court
order,
the
court
may
grant
the
guardian
the
31
following
powers
,
which
may
be
exercised
without
prior
court
32
approval
:
33
Sec.
6.
Section
232D.501,
subsection
1,
paragraph
a,
Code
34
2020,
is
amended
by
adding
the
following
new
subparagraph:
35
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NEW
SUBPARAGRAPH
.
(2A)
The
guardian’s
plan,
if
any,
for
1
applying
for
and
receiving
funds
and
benefits
payable
for
the
2
support
of
the
minor.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
guardianship
of
minors.
7
Under
current
law,
the
juvenile
court
has
exclusive
8
jurisdiction
of
guardianship
proceedings.
The
bill
provides
9
that
the
juvenile
court
also
has
exclusive
jurisdiction
over
10
guardianships
of
minors.
11
The
bill
changes
a
Code
reference
for
a
petition
to
appoint
a
12
conservator
for
a
minor.
13
The
bill
provides
that
notice
of
a
guardianship
proceeding
14
must
be
given
to
any
adult
with
whom
the
minor
has
lived
for
the
15
six
months
immediately
preceding
the
filing
of
the
petition.
16
The
bill
further
provides
that
if
a
minor’s
known
parents
17
have
not
consented
to
the
appointment
of
a
guardian,
the
notice
18
of
the
filing
of
a
guardianship
petition
shall
inform
the
known
19
parents
that
they
are
entitled
to
representation
if
they
meet
20
the
conditions
in
Code
section
232D.304.
21
The
bill
strikes
a
reference
to
“without
prior
court
22
approval”
in
a
Code
section
listing
powers
a
court
may
grant
23
to
a
guardian.
24
The
bill
also
directs
that
the
initial
verified
care
plan
25
must
include
the
guardian’s
plan
for
applying
and
receiving
26
funds
and
benefits
for
the
support
of
the
minor.
27
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