Senate Study Bill 3187 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act providing for juvenile court jurisdiction over minor 1 guardianship proceedings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5474XC (4) 87 hb/jh

S.F. _____ DIVISION I 1 IOWA MINOR GUARDIANSHIP PROCEEDINGS ACT 2 Section 1. NEW SECTION . 232D.101 Title. 3 This chapter shall be known as the “Iowa Minor Guardianship 4 Proceedings Act” . 5 Sec. 2. NEW SECTION . 232D.102 Definitions. 6 1. “Adult” means an individual eighteen years of age or 7 older or a person declared to be emancipated by a court of 8 competent jurisdiction. 9 2. “Conservator” means a person appointed by a court to have 10 custody and control of the property of a minor. 11 3. “Court” means the juvenile court established under 12 section 602.7101. 13 4. “Demonstrated lack of consistent parental participation” 14 means the refusal of a parent to comply with duties and 15 responsibilities imposed upon a parent by the parent-child 16 relationship, including but not limited to providing the minor 17 with necessary food, clothing, shelter, health care, education, 18 and other care and supervision necessary for the minor’s 19 physical, mental, and emotional health and development. 20 5. “Guardian” means a person appointed by the court to have 21 custody of a minor. 22 6. “Legal custodian” means a person awarded legal custody 23 of a minor. 24 7. “Legal custody” means an award of the rights of legal 25 custody of a minor under which a parent has legal custodial 26 rights and responsibilities toward the minor child as defined 27 in section 598.1. 28 8. “Limited guardianship” means a guardianship that grants 29 the guardian less than all powers available under this chapter 30 or otherwise restricts the powers of the guardian. 31 9. “Minor” means an unmarried and unemancipated individual 32 under the age of eighteen years. 33 10. “Parent” means the same as defined in section 232.2. 34 Sec. 3. NEW SECTION . 232D.103 Jurisdiction. 35 -1- LSB 5474XC (4) 87 hb/jh 1/ 23

S.F. _____ The juvenile court has exclusive jurisdiction in a 1 guardianship proceeding concerning a minor who is alleged to 2 be in need of a guardianship. 3 Sec. 4. NEW SECTION . 232D.104 Venue. 4 Venue for guardianship proceedings under this chapter shall 5 be determined in accordance with section 232.62. 6 Sec. 5. NEW SECTION . 232D.105 Proceedings governed by other 7 law. 8 1. A petition alleging that a minor is in need of a 9 conservator or both a conservator and a guardian is not subject 10 to this chapter. Such proceedings are governed by chapter 633 11 and may be initiated pursuant to section 633.627. 12 2. If a minor guardianship proceeding under this chapter 13 pertains to an Indian child as defined in section 232B.3 and 14 the proceeding is subject to the Iowa Indian child welfare Act 15 under chapter 232B, the proceeding and other actions taken in 16 connection with the proceeding shall comply with chapter 232B. 17 Sec. 6. NEW SECTION . 232D.106 Applicability of rules of 18 civil procedure. 19 The rules of civil procedure shall govern guardianship 20 proceedings concerning a minor who is alleged to be in need of 21 a guardianship except as otherwise set forth in this chapter. 22 Sec. 7. NEW SECTION . 232D.201 Termination of parental 23 rights and child in need of assistance cases. 24 1. The court may appoint a guardian for a minor who does not 25 have a guardian if all parental rights have been terminated. 26 2. The court may appoint a guardian for a minor in a child 27 in need of assistance case pursuant to section 232.101A, 28 232.103A, or 232.104. 29 Sec. 8. NEW SECTION . 232D.202 Death of parents. 30 1. The court may appoint a guardian for a minor if both 31 parents are deceased. 32 2. In appointing a guardian for a minor whose parents are 33 deceased, the court shall give preference to a person, if 34 qualified and suitable, nominated as guardian for a minor by a 35 -2- LSB 5474XC (4) 87 hb/jh 2/ 23

S.F. _____ will that was executed by the parent or parents having legal 1 custody of the minor at the time of the parent’s or parents’ 2 death, and that was admitted to probate under chapter 633. 3 Sec. 9. NEW SECTION . 232D.203 Guardianship with parental 4 consent. 5 1. The court may appoint a guardian for a minor if the court 6 finds all of the following: 7 a. The parent or parents having legal custody of the minor 8 understands the nature of the guardianship and knowingly and 9 voluntarily consents to the guardianship. 10 b. The minor is in need of a guardianship because of any one 11 of the following: 12 (1) The parent having legal custody of the minor has a 13 physical or mental illness that prevents the parent from 14 providing care and supervision of the child. 15 (2) The parent having legal custody of the minor is 16 incarcerated or imprisoned. 17 (3) The parent having legal custody of the minor is on 18 active military duty. 19 (4) The minor is in need of a guardianship for some other 20 reason constituting good cause shown. 21 c. Appointment of a guardian for the minor is in the best 22 interest of the minor. 23 2. If the guardianship petition requests a guardianship 24 with parental consent, the petition shall include an affidavit 25 signed by the parent or parents verifying that the parent or 26 parents knowingly and voluntarily consent to the guardianship. 27 The consent required by this subsection shall be on a form 28 prescribed by the judicial branch. 29 3. On or before the date of the hearing on the petition, 30 the parent or parents and the proposed guardian shall file 31 an agreement with the court. This agreement shall state the 32 following: 33 a. The responsibilities of the guardian. 34 b. The responsibilities of the parent or parents. 35 -3- LSB 5474XC (4) 87 hb/jh 3/ 23

S.F. _____ c. The expected duration of the guardianship, if known. 1 4. If the court grants the petition, it shall approve the 2 guardianship agreement between the custodial parent and the 3 proposed guardian and incorporate its terms by reference unless 4 the court finds the agreement was not reached knowingly and 5 voluntarily or is not in the best interests of the child. 6 Sec. 10. NEW SECTION . 232D.204 Guardianship without 7 parental consent. 8 1. The court may appoint a guardian for a minor without the 9 consent of the parent or parents having legal custody of the 10 minor if the court finds by clear and convincing evidence all 11 of the following: 12 a. There is a person serving as a de facto guardian of the 13 minor. 14 b. There has been a demonstrated lack of consistent 15 parental participation in the life of the minor by the parent. 16 In determining whether a parent has demonstrated a lack of 17 consistent participation in the minor’s life, the court may 18 consider all of the following: 19 (1) The intent of the parent in placing the custody, care, 20 and supervision of the minor with the person petitioning as a 21 de facto guardian and the facts and circumstances regarding 22 such placement. 23 (2) The amount of communication and visitation of the parent 24 with the minor during the alleged de facto guardianship. 25 (3) Any refusal of the parent to comply with conditions for 26 retaining custody of the minor set forth in any previous court 27 orders. 28 2. The court may appoint a guardian for a minor without the 29 consent of the parent or parents having custody of the minor 30 if the court finds by clear and convincing evidence all of the 31 following: 32 a. No parent having custody of the minor is willing or able 33 to exercise the power the court will grant to the guardian if 34 the court appoints a guardian. 35 -4- LSB 5474XC (4) 87 hb/jh 4/ 23

S.F. _____ b. Appointment of a guardian for the minor is in the best 1 interest of the minor. 2 3. Prior to granting a petition for guardianship, the 3 court shall consider whether the filing of a child in need of 4 assistance petition is appropriate under section 232.87. If 5 the court determines a child in need of assistance petition is 6 not appropriate, the court shall make findings of why a child 7 in need of assistance petition is not appropriate. 8 4. A proceeding under this section shall not create a new 9 eligibility category for the department of human services 10 protective services. 11 Sec. 11. NEW SECTION . 232D.301 Petition. 12 1. Proceedings for guardianship pursuant to this chapter 13 may be initiated by the filing of a petition by any person with 14 an interest in the welfare of the minor. 15 2. The petition shall list, to the extent known, all of the 16 following: 17 a. The name, age, and address of the minor who is the 18 subject of the petition. 19 b. The name and address of the petitioner and the 20 petitioner’s relationship to the minor. 21 c. If the petitioner is not the proposed guardian, the 22 name and address of the proposed guardian and the reason the 23 proposed guardian should be selected. 24 d. The name and address, to the extent known and 25 ascertainable, of the following: 26 (1) Any living parents of the minor. 27 (2) Any legal custodian of the minor. 28 (3) Any adult who has had the primary care of the minor or 29 with whom the minor has lived for at least six months prior to 30 the filing of the petition. 31 3. The petition shall contain a concise statement of the 32 factual basis for the petition. 33 4. Any additional information, to the extent known and 34 reasonably ascertainable, required by section 598B.209 shall be 35 -5- LSB 5474XC (4) 87 hb/jh 5/ 23

S.F. _____ included in an affidavit attached to the petition. 1 Sec. 12. NEW SECTION . 232D.302 Notice. 2 1. The filing of a petition shall be served upon the minor 3 who is the subject of the petition in the manner of an original 4 notice in accordance with rule of civil procedure 1.305(2) 5 governing such notice. Notice to the attorney representing the 6 minor, if any, is notice to the minor. 7 2. Notice shall be served upon the minor’s known parents 8 listed in the petition in accordance with rule of civil 9 procedure 1.305. 10 3. Notice shall be served upon other known persons listed in 11 the petition in the manner prescribed by the court, which may 12 be notice by mail in accordance with rule of civil procedure 13 1.308(5). Failure of such persons to receive actual notice 14 does not constitute a jurisdictional defect precluding the 15 appointment of a guardian by the court. 16 4. Notice of the filing of a petition given to a person 17 under subsection 2 or 3 shall include a statement that the 18 person may register to receive notice of the hearing on 19 the petition and other proceedings and the manner of such 20 registration. 21 Sec. 13. NEW SECTION . 232D.303 Attorney for minor. 22 1. Upon the filing of a petition for appointment of a 23 guardian pursuant to section 232D.301, the court may appoint 24 an attorney for the minor, if the court determines that the 25 interests of the minor are or may be inadequately represented. 26 2. An attorney representing the minor shall advocate 27 for the wishes of the minor to the extent that those wishes 28 are reasonably ascertainable and advocate for best interest 29 of the minor if the wishes of the minor are not reasonably 30 ascertainable. 31 Sec. 14. NEW SECTION . 232D.304 Attorney for parent. 32 1. Upon the filing of a petition for appointment of a 33 guardian, the court shall appoint an attorney for the parent 34 identified in the petition if all of the following are true: 35 -6- LSB 5474XC (4) 87 hb/jh 6/ 23

S.F. _____ a. The parent objects to the appointment of a guardian for 1 the minor. 2 b. The parent requests appointment of an attorney and 3 the court determines that the parent is unable to pay for an 4 attorney in accordance with section 232.141. 5 Sec. 15. NEW SECTION . 232D.305 Court visitor. 6 1. The court may appoint a court visitor for the minor. 7 2. The same person shall not serve both as the attorney 8 representing the minor and as court visitor. 9 3. Unless otherwise enlarged or circumscribed by the court, 10 the duties of a court visitor with respect to the minor shall 11 include all of the following: 12 a. Conducting, if the minor’s age is appropriate, an initial 13 in-person interview with the minor. 14 b. Explaining to the minor, if the minor’s age is 15 appropriate, the substance of the petition, the purpose and 16 effect of the guardianship proceeding, the rights of the 17 minor at the hearing, and the general powers and duties of a 18 guardian. 19 c. Determining, if the minor’s age is appropriate, the views 20 of the minor regarding the proposed guardian, the proposed 21 guardian’s powers and duties, and the scope and duration of the 22 proposed guardianship. 23 d. Interviewing the parent or parents and any other person 24 with legal responsibility for the custody, care, or both, of 25 the minor. 26 e. Interviewing the petitioner, and if the petitioner is not 27 the proposed guardian, interviewing the proposed guardian. 28 f. Visiting, to the extent feasible, the residence where it 29 is reasonably believed that the minor will live if the guardian 30 is appointed. 31 g. Making any other investigation the court directs, 32 including but not limited to interviewing any persons providing 33 medical, mental health, educational, social, or other services 34 to the minor. 35 -7- LSB 5474XC (4) 87 hb/jh 7/ 23

S.F. _____ 4. The court visitor shall submit a written report to the 1 court that contains all of the following: 2 a. A recommendation regarding the appropriateness of a 3 guardianship for the minor. 4 b. A statement of the qualifications of the guardian 5 together with a statement of whether the minor has expressed 6 agreement with the appointment of the proposed guardian. 7 c. Any other matters the court visitor deems relevant to the 8 petition for guardianship and the best interests of the minor. 9 d. Any other matters the court directs. 10 5. The report of the court visitor shall be made part of the 11 court record unless otherwise ordered by the court. 12 Sec. 16. NEW SECTION . 232D.306 Expenses of attorney and 13 court visitor. 14 Expenses incurred for an attorney appointed by the court 15 for a minor or the minor’s parents and expenses incurred for 16 a court visitor appointed by the court shall be compensated 17 pursuant to section 232.141, subsection 2. 18 Sec. 17. NEW SECTION . 232D.307 Hearing on petition. 19 1. The court shall fix the time and place of hearing on 20 the petition and shall prescribe a time not less than twenty 21 days after the date the notice is served unless the court finds 22 there is good cause shown to shorten the time period to less 23 than twenty days. The court shall also prescribe the manner of 24 service of the notice of such hearing. 25 2. The minor who is the subject of a petition filed pursuant 26 to section 232D.301 shall be entitled to attend the hearing on 27 the petition if the minor is of an age appropriate to attend 28 the hearing. A presumption shall exist that a minor fourteen 29 years of age or older is of an age appropriate to attend the 30 hearing. 31 3. The court shall not exclude a minor entitled to 32 attend the hearing under subsection 2 unless the court finds 33 that there is good cause shown for excluding the minor from 34 attendance. 35 -8- LSB 5474XC (4) 87 hb/jh 8/ 23

S.F. _____ Sec. 18. NEW SECTION . 232D.308 Background checks of 1 proposed guardians. 2 1. The court shall request criminal record checks and checks 3 of the child abuse, dependent adult abuse, and sex offender 4 registries in this state for all proposed guardians other than 5 financial institutions with Iowa trust powers unless a proposed 6 guardian has undergone the required background checks in this 7 section within the twelve months prior to the filing of a 8 petition. 9 2. The court shall review the results of background checks 10 in determining the suitability of a proposed guardian for 11 appointment. 12 3. The judicial branch in conjunction with the department 13 of public safety, the department of human services, and the 14 state chief information officer shall establish procedures for 15 electronic access to the single contact repository necessary to 16 conduct background checks requested under subsection 1. 17 4. The person who files a petition for appointment of 18 guardian for a minor shall be responsible for paying the fee 19 for the background check conducted through the single contact 20 repository unless the court waives the fee for good cause 21 shown. 22 Sec. 19. NEW SECTION . 232D.309 Selection of guardian —— 23 qualifications and preferences. 24 1. The court shall appoint as guardian a qualified and 25 suitable person who is willing to serve subject to the 26 preferences as to the appointment of a guardian set forth in 27 subsections 2 and 3. 28 2. In appointing a guardian for a minor, the court shall 29 give preference to a person, if qualified and suitable, 30 nominated as guardian for a minor by a will that was executed 31 by the parent or parents having legal custody of the minor 32 at the time of the parent’s or parents’ death, and that was 33 admitted to probate under chapter 633. 34 3. In appointing a guardian for a minor, the court shall 35 -9- LSB 5474XC (4) 87 hb/jh 9/ 23

S.F. _____ give preference, if qualified and suitable, to a person 1 requested by a minor fourteen years of age or older. 2 Sec. 20. NEW SECTION . 232D.310 Emergency appointment of 3 temporary guardian. 4 1. A person authorized to file a petition under section 5 232D.301 may file a petition for the emergency appointment of a 6 temporary guardian for the minor. 7 2. The petition shall state the following: 8 a. The name and address of the minor and the birthdate of 9 the minor. 10 b. The name and address of the living parents of the minor, 11 if known. 12 c. The name and address of any other person legally 13 responsible for the custody or care of the minor, if known. 14 d. The reason the emergency appointment of a temporary 15 guardian is sought. 16 3. The court may enter an ex parte order appointing a 17 temporary guardian for a minor on an emergency basis under this 18 section if the court finds that all of the following are met: 19 a. There is not sufficient time to file a petition and hold 20 a hearing pursuant to section 232D.301. 21 b. The appointment of temporary guardian is necessary to 22 avoid immediate or irreparable harm to the minor. 23 4. Notice of the emergency appointment of a temporary 24 guardian shall be provided to persons required to be listed in 25 the application under subsection 2. 26 5. The parents of the minor and any other person legally 27 responsible for the custody or care of the minor may file a 28 written request for a hearing. Such hearing shall be held no 29 later than seven days after the filing of the written request. 30 6. The powers of the temporary guardian set forth in the ex 31 parte order shall be limited to those necessary to address the 32 emergency situation requiring the appointment of a temporary 33 guardian. 34 7. The ex parte order shall terminate within thirty days 35 -10- LSB 5474XC (4) 87 hb/jh 10/ 23

S.F. _____ after the order is issued. 1 Sec. 21. NEW SECTION . 232D.401 Order appointing guardian 2 and powers of guardian. 3 1. The order by the court appointing a guardian for a minor 4 shall state the basis for the order. 5 2. The order by the court appointing a guardian for a minor 6 shall state whether the guardianship is a limited guardianship. 7 3. An order by the court appointing a guardian for a minor 8 shall state the powers granted to the guardian. Except as 9 otherwise limited by court order, the court may grant the 10 guardian the following powers, which may be exercised without 11 prior court approval: 12 a. Taking custody of the minor and establishing the minor’s 13 permanent residence if otherwise consistent with the terms of 14 any order of competent jurisdiction relating to the custody, 15 placement, detention, or commitment of the minor within the 16 state. 17 b. Consenting to medical, dental, and other health care 18 treatment and services for the minor. 19 c. Providing or arranging for the provision of education 20 for the minor including but not limited to preschool education, 21 primary education and secondary education, special education 22 and related services, and vocational services. 23 d. Consenting to professional services for the minor to 24 ensure the safety and welfare of the minor. 25 e. Applying for and receiving funds and benefits payable for 26 the support of the minor. 27 f. Any other powers the court may specify. 28 4. The court may grant the guardian the following powers, 29 which shall only be exercised with prior court approval: 30 a. Consenting to the withholding or withdrawal of life 31 sustaining procedures, as defined in section 144A.2, from the 32 minor, the performance of an abortion on the minor, or the 33 sterilization of the minor. 34 b. Establishing the residence of the minor outside of the 35 -11- LSB 5474XC (4) 87 hb/jh 11/ 23

S.F. _____ state. 1 c. Consenting to the marriage of the minor. 2 d. Consenting to the emancipation of the minor. 3 5. The guardian shall obtain prior court approval for denial 4 of all visitation, communication, or interaction between the 5 minor and the parents of the minor. The court shall approve 6 such denial of visitation, communication, or interaction 7 upon a showing by the guardian that significant physical or 8 emotional harm to the minor has resulted or is likely to result 9 to the minor from parental contact. The guardian may place 10 reasonable time, place, or manner restrictions on visitation, 11 communication, or interaction between the minor and the minor’s 12 parents without prior court approval. 13 Sec. 22. NEW SECTION . 232D.402 Duties and responsibilities 14 of guardian. 15 1. A guardian is a fiduciary and shall act in the 16 best interest of the minor and exercise reasonable care, 17 diligence, and prudence in performing guardianship duties and 18 responsibilities. The fiduciary duties of a guardian for an 19 adult set forth in chapter 633 are applicable to a guardian 20 under this chapter. 21 2. Except as otherwise limited by the court, a guardian 22 has the duty and responsibility to ensure the minor’s health, 23 education, safety, welfare, and support. 24 3. A guardian with whom the minor is not living should 25 maintain regular contact with the minor. 26 4. A guardian should make reasonable efforts to facilitate 27 the continuation of the relationship of the minor and the 28 minor’s parents subject to section 232D.401, subsection 5. 29 5. A guardian shall file the reports with the court required 30 under section 232D.501. 31 6. A guardian shall promptly inform the court of any change 32 in the permanent residence of the minor and the minor’s new 33 address. 34 Sec. 23. NEW SECTION . 232D.403 Guardian’s acceptance of 35 -12- LSB 5474XC (4) 87 hb/jh 12/ 23

S.F. _____ appointment and oath and issuance of letters of appointment. 1 The court shall issue letters of appointment to a guardian 2 upon the guardian’s acceptance of appointment and the 3 guardian’s subscription of an oath, or certification under 4 penalties of perjury, that the guardian will faithfully 5 discharge the duties imposed by law, according to the best of 6 the guardian’s ability. 7 Sec. 24. NEW SECTION . 232D.501 Reports of guardian. 8 1. A guardian appointed by the court under this chapter 9 shall file the following reports which shall not be waived by 10 the court: 11 a. A verified initial care plan filed within sixty days of 12 appointment. The information in the initial care plan shall 13 include but not be limited to the following information: 14 (1) The minor’s current residence and guardian’s plan for 15 the minor’s living arrangements. 16 (2) The guardian’s plan for payment of the minor’s living 17 expenses and other expenses. 18 (3) The minor’s health status and the guardian’s plan for 19 meeting the minor’s health needs. 20 (4) The minor’s educational training and vocational needs 21 and the guardian’s plan for meeting the minor’s educational 22 needs. 23 (5) The guardian’s plan for facilitating contacts of the 24 minor with the minor’s parents. 25 (6) The guardian’s plan for contact with and activities on 26 behalf of the minor. 27 b. A verified annual report filed within thirty days of 28 the close of the reporting period. The information in the 29 annual report shall include but not be limited to the following 30 information: 31 (1) The current residence and living arrangements of the 32 minor. 33 (2) The sources of the payment for the minor’s living 34 expenses and other expenses. 35 -13- LSB 5474XC (4) 87 hb/jh 13/ 23

S.F. _____ (3) The minor’s health status and health services provided 1 the minor. 2 (4) The minor’s mental, behavioral, or emotional problems, 3 if any, and professional services provided the minor for such 4 problems. 5 (5) The minor’s educational status and educational training 6 and vocational services provided the minor. 7 (6) The nature and extent of parental visits and 8 communication with the minor. 9 (7) The nature and extent of the guardian’s visits with and 10 activities on behalf of the minor. 11 (8) The need for continuation of guardianship. 12 (9) The ability of the guardian to continue as guardian. 13 (10) The need of the guardian for assistance in providing or 14 arranging for the provision of care for the minor. 15 c. A final report filed within thirty days of the 16 termination of the guardianship under section 232D.503. 17 2. The judicial branch shall prescribe the forms for use by 18 the guardian in filing the reports required by this section. 19 3. The clerk of the court shall notify the guardian in 20 writing of the reporting requirements and shall provide 21 information and assistance to the guardian in filing the 22 reports. 23 4. Reports of the guardian shall be reviewed and approved 24 by the court. 25 Sec. 25. NEW SECTION . 232D.502 Removal of guardian —— 26 appointment of successor guardian. 27 1. The court may remove a guardian for a minor for failure 28 to perform guardianship duties or for other good cause shown. 29 2. The court shall conduct a hearing to determine whether 30 a guardian should be removed on the filing of a petition by a 31 minor under guardianship fourteen years of age or older, the 32 parent of a minor, or other person with an interest in welfare 33 of the minor if the court determines that there are reasonable 34 grounds for believing that removal is appropriate based on the 35 -14- LSB 5474XC (4) 87 hb/jh 14/ 23

S.F. _____ allegations stated in the petition. 1 3. The court may conduct a hearing to determine whether 2 the guardian should be removed on the receipt of a written 3 communication from a minor under guardianship fourteen years of 4 age or older, the parent of the minor, or other person with an 5 interest in welfare of the minor if the court determines that a 6 hearing would be in the best interest of the minor. 7 4. The court may decline to hold a hearing under subsection 8 2 or 3 if the same or substantially similar facts were alleged 9 in a petition filed in the preceding six months or in a written 10 communication received in the preceding six months. 11 5. The court may appoint a successor guardian on the 12 removal of a guardian pursuant to subsection 1, the death of a 13 guardian, or the resignation of a guardian. 14 Sec. 26. NEW SECTION . 232D.503 Termination and modification 15 of guardianships. 16 1. A guardianship shall terminate on the minor’s death, 17 adoption, emancipation, or attainment of majority. 18 2. The court shall terminate a guardianship established 19 pursuant to section 232D.203 if the court finds that the basis 20 for the guardianship set forth in section 232D.203 is not 21 currently satisfied unless the court finds that the termination 22 of the guardianship would be harmful to the minor and the 23 minor’s interest in continuation of the guardianship outweighs 24 the interest of a parent of the minor in the termination of the 25 guardianship. 26 3. The court shall terminate a guardianship established 27 pursuant to section 232D.204 if the court finds that the 28 basis for the guardianship set forth in section 232D.204 29 is not currently satisfied. A person seeking termination 30 of guardianship established pursuant to section 232D.204 31 has the burden of making a prima facie showing that the 32 guardianship should be terminated. If such a showing is made, 33 the guardian has the burden of going forward to prove by clear 34 and convincing evidence that the guardianship should not be 35 -15- LSB 5474XC (4) 87 hb/jh 15/ 23

S.F. _____ terminated. 1 4. The court shall modify the powers granted to the guardian 2 if the court finds such powers no longer meet the needs of the 3 minor or are not in the minor’s best interest. 4 5. The court may conduct a hearing to determine whether 5 termination or modification of a guardianship is appropriate 6 on the filing of a petition by a minor under guardianship, a 7 guardian, or other person with an interest in the welfare of 8 the minor or on receipt of a written communication from such 9 persons. 10 Sec. 27. NEW SECTION . 232D.504 Rights and immunities of 11 a guardian. 12 1. A guardian is not required to use the guardian’s personal 13 funds for the minor’s expenses. If a conservator has been 14 appointed for the estate of the minor, the guardian may request 15 and the conservator may approve and pay for the requested 16 reimbursement without prior court approval. 17 2. A guardian may submit a request, together with the 18 guardian’s annual report, for approval by the court of 19 reasonable compensation for services as guardian. 20 3. A guardian is not liable to a third person for an act or 21 omission of the minor solely by reason of the guardianship. 22 DIVISION II 23 MISCELLANEOUS CHANGES 24 Sec. 28. Section 232.101A, Code 2018, is amended to read as 25 follows: 26 232.101A Transfer of guardianship to custodian. 27 1. After a dispositional hearing the court may enter an 28 order transferring guardianship of the child to a custodian 29 close the child in need of assistance case and appoint a 30 guardian pursuant to section 232D.309 and section 232D.401 if 31 all of the following conditions are met: 32 a. The person receiving guardianship meets the definition 33 of custodian in section 232.2 . 34 b. The person receiving guardianship has assumed 35 -16- LSB 5474XC (4) 87 hb/jh 16/ 23

S.F. _____ responsibility for the child prior to filing of the petition 1 under this division and has maintained placement of the child 2 since the filing of the petition under this division . 3 c. The parent of the child does not appear at the 4 dispositional hearing, or the parent appears at the 5 dispositional hearing, does not object to the transfer of 6 guardianship, and agrees to waive the requirement for making 7 reasonable efforts as defined in section 232.102 . 8 2. If the court transfers guardianship pursuant to 9 subsection 1 , the court may close the child in need of 10 assistance case by transferring jurisdiction over the child’s 11 guardianship to the probate court. The court shall inform the 12 proposed guardian of the guardian’s reporting duties under 13 section 633.669 232D.501 and other duties under chapter 633 14 232D . Upon transferring jurisdiction, the The court shall 15 direct the probate clerk of court , once the proposed guardian 16 has filed an oath of office and identification in accordance 17 with section 602.6111 , to issue letters of appointment for 18 guardianship and docket the case in probate guardianship . 19 Records contained in the probate case file that were copied or 20 transferred from the juvenile court file concerning the case 21 shall be subject to section 232.147 and other confidentiality 22 provisions of this chapter for cases not involving juvenile 23 delinquency. 24 Sec. 29. Section 232.104, subsection 8, paragraph b, Code 25 2018, is amended to read as follows: 26 b. In lieu of the procedures specified in paragraph “a” , 27 the court may close the child in need of assistance case by 28 transferring jurisdiction over the child’s guardianship to the 29 probate court and may appoint a guardian pursuant to chapter 30 232D . The court shall inform the proposed guardian of the 31 guardian’s reporting duties under section 633.669 and other 32 duties under the probate code. Upon transferring jurisdiction, 33 the court shall direct the probate clerk, once the proposed 34 guardian has filed an oath of office and identification 35 -17- LSB 5474XC (4) 87 hb/jh 17/ 23

S.F. _____ in accordance with section 602.6111 , to issue letters of 1 appointment for guardianship and docket the case in probate. 2 Records contained in the probate case file that were copied or 3 transferred from the juvenile court file concerning the case 4 shall be subject to section 232.147 and other confidentiality 5 provisions of this chapter for cases not involving juvenile 6 delinquency. 7 Sec. 30. Section 232.141, subsection 2, Code 2018, is 8 amended by adding the following new paragraphs: 9 NEW PARAGRAPH . d. Juvenile court expenses incurred by a 10 court visitor appointed by the court to serve the purposes 11 provided in chapter 232D. 12 NEW PARAGRAPH . e. Reasonable compensation for a court 13 visitor appointed by the court to serve the purposes under 14 chapter 232D. 15 Sec. 31. Section 633.552, subsection 2, Code 2018, is 16 amended to read as follows: 17 2. That the proposed ward is in either of the following 18 categories: 19 a. Is a person whose decision-making capacity is so 20 impaired that the person is unable to care for the person’s 21 personal safety or to attend to or provide for necessities for 22 the person such as food, shelter, clothing, or medical care, 23 without which physical injury or illness might occur. 24 b. Is a minor. 25 Sec. 32. Section 633.554, subsection 2, Code 2018, is 26 amended to read as follows: 27 2. a. If the proposed ward is a minor or if the 28 proposed ward is an adult under a standby petition and the 29 court determines, pursuant to section 633.561, subsection 30 1 , paragraph “b” , that the proposed ward is entitled to 31 representation, notice in the manner of original notice, or 32 another form of notice ordered by the court, given to the 33 attorney appointed to represent the ward is notice to the 34 proposed ward. 35 -18- LSB 5474XC (4) 87 hb/jh 18/ 23

S.F. _____ b. Notice shall also be served upon : 1 (1) The parents of the proposed ward, if the proposed ward 2 is a minor. 3 (2) The the spouse of the proposed ward, if the proposed 4 ward is an adult. If the proposed ward has no spouse, notice 5 shall be served upon the proposed ward’s adult children, if 6 any. 7 Sec. 33. Section 633.557, subsection 1, Code 2018, is 8 amended to read as follows: 9 1. A guardian may also be appointed by the court upon the 10 verified petition of the proposed ward, without further notice, 11 if the proposed ward is other than a minor under the age of 12 fourteen years, provided the court determines that such an 13 appointment will inure to the best interest of the applicant. 14 However, if an involuntary petition is pending, the court shall 15 be governed by section 633.634 . The petition shall provide 16 the proposed ward notice of a guardian’s powers as provided in 17 section 633.562 . 18 Sec. 34. Section 633.561, subsection 1, paragraph b, Code 19 2018, is amended to read as follows: 20 b. If the proposed ward is either a minor or an adult under 21 a standby petition, the court shall determine whether, under 22 the circumstances of the case, the proposed ward is entitled 23 to representation. The determination regarding representation 24 may be made with or without notice to the proposed ward, as 25 the court deems necessary. If the court determines that the 26 proposed ward is entitled to representation, the court shall 27 appoint an attorney to represent the proposed ward. After 28 making the determination regarding representation, the court 29 shall set a hearing on the petition, and provide for notice on 30 the determination regarding representation and the date for 31 hearing. 32 Sec. 35. Section 633.635, subsection 5, Code 2018, is 33 amended to read as follows: 34 5. From time to time, upon a proper showing, the court may 35 -19- LSB 5474XC (4) 87 hb/jh 19/ 23