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Senate File 193

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 193
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE DUTIES OF A GUARDIAN AD LITEM APPOINTED TO
  1  5    REPRESENT A CHILD IN JUVENILE COURT PROCEEDINGS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 232.2, subsection 22, Code 1999, is
  1 10 amended to read as follows:
  1 11    22.  a.  "Guardian ad litem" means a person appointed by
  1 12 the court to represent the interests of a child in any
  1 13 judicial proceeding to which the child is a party, and
  1 14 includes a court appointed special advocate, except that a
  1 15 court appointed special advocate shall not file motions or
  1 16 petitions pursuant to section 232.54, subsections 1 and 4,
  1 17 section 232.103, subsection 2, paragraph "c", and section
  1 18 232.111.
  1 19    b.  Unless otherwise enlarged or circumscribed by a court
  1 20 or juvenile court having jurisdiction over the child or by
  1 21 operation of law, the duties of a guardian ad litem with
  1 22 respect to a child shall include the following:
  1 23    a. (1)  Conducting in-person interviews with the child, if
  1 24 the child's age is appropriate for the interview, and
  1 25 interviewing each parent, guardian, or other person having
  1 26 custody of the child, if authorized by counsel.
  1 27    b. (2)  Conducting interviews with the child, if the
  1 28 child's age is appropriate for the interview, prior to any
  1 29 court-ordered hearing.
  1 30    (3)  Visiting the home, residence, or both home and
  1 31 residence of the child and any prospective home or residence
  1 32 of the child, including each time placement is changed.
  1 33    c. (4)  Interviewing any person providing medical, mental
  1 34 health, social, educational, or other services to the child,
  1 35 before any hearing referred to in subparagraph (2).
  2  1    d. (5)  Obtaining first-hand knowledge, if possible, of the
  2  2 facts, circumstances, and parties involved in the matter in
  2  3 which the person is appointed guardian ad litem.
  2  4    e. (6)  Attending any hearings in the matter in which the
  2  5 person is appointed as the guardian ad litem.
  2  6    (7)  Attending, if necessary, any departmental staff
  2  7 meeting or case conference regarding the child, and if
  2  8 necessary, any meeting with medical or mental health
  2  9 providers, service providers, organizations, or educational
  2 10 institutions.
  2 11    c.  The order appointing the guardian ad litem shall
  2 12 specify the duties of and grant authorization to the guardian
  2 13 ad litem to interview any relevant person and inspect and copy
  2 14 any records relevant to the proceedings, if not prohibited by
  2 15 federal law.  The order shall specify that the guardian ad
  2 16 litem may interview any person providing medical, mental
  2 17 health, social, educational, or other services to the child,
  2 18 and may inspect and copy any records relevant to the
  2 19 proceedings.  
  2 20 
  2 21 
  2 22                                                             
  2 23                               MARY E. KRAMER
  2 24                               President of the Senate
  2 25 
  2 26 
  2 27                                                             
  2 28                               RON J. CORBETT
  2 29                               Speaker of the House
  2 30 
  2 31    I hereby certify that this bill originated in the Senate and
  2 32 is known as Senate File 193, Seventy-eighth General Assembly.
  2 33 
  2 34 
  2 35                                                             
  3  1                               MICHAEL E. MARSHALL
  3  2                               Secretary of the Senate
  3  3 Approved                , 1999
  3  4 
  3  5 
  3  6                               
  3  7 THOMAS J. VILSACK
  3  8 Governor
     

Text: SF00192                           Text: SF00194
Text: SF00100 - SF00199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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