Senate File 425 S-3146 Amend Senate File 425 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 IOWA MINOR GUARDIANSHIP PROCEEDINGS ACT 5 Section 1. NEW SECTION . 232D.101 Title. 6 This chapter shall be known as the “Iowa Minor Guardianship 7 Proceedings Act” . 8 Sec. 2. NEW SECTION . 232D.102 Definitions. 9 1. “Adult” means a person eighteen years of age or older 10 or a person declared to be emancipated by a court of competent 11 jurisdiction. 12 2. “Conservator” means a person appointed by a court to have 13 custody and control of the property of a minor. 14 3. “Court” means the juvenile court established under 15 section 602.7101. 16 4. “Demonstrated lack of consistent parental participation” 17 means the refusal of a parent to comply with duties and 18 responsibilities imposed upon a parent by the parent-child 19 relationship, including but not limited to providing the minor 20 with necessary food, clothing, shelter, health care, education, 21 and other care and supervision necessary for the minor’s 22 physical, mental, and emotional health and development. 23 5. “Guardian” means a person appointed by the court to have 24 custody of a minor. 25 6. “Legal custodian” means a person awarded legal custody 26 of a minor. 27 7. “Legal custody” means an award of the rights of legal 28 custody of a minor under which a parent has legal custodial 29 rights and responsibilities toward the minor child including 30 but not limited to decision making affecting the minor’s legal 31 status, medical care, education, extracurricular activities, 32 and religious instruction. 33 8. “Limited guardianship” means a guardianship that grants 34 the guardian less than all powers available under this chapter 35 -1- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 1/ 25 #1.

or otherwise restricts the powers of the guardian. 1 9. “Minor” means an unmarried and unemancipated person under 2 the age of eighteen years. 3 10. “Parent” means a biological or adoptive mother or father 4 of a child, a person whose parental status has been established 5 by operation of law due to the person’s marriage to the mother 6 at the time of the conception or birth of the child, by order 7 of a court of competent jurisdiction, or by an administrative 8 order when authorized by state law. “Parent” does not include a 9 person whose parental rights have been terminated. 10 Sec. 3. NEW SECTION . 232D.103 Jurisdiction. 11 The juvenile court has exclusive jurisdiction in a 12 guardianship proceeding concerning a minor who is alleged to 13 be in need of a guardianship. 14 Sec. 4. NEW SECTION . 232D.104 Venue. 15 1. Venue for guardianship proceedings under this chapter 16 shall be in the judicial district where the minor is found or 17 in the judicial district of the minor’s residence. 18 2. The court may transfer a guardianship proceeding brought 19 under this chapter to the juvenile court of any county having 20 venue at any stage in the proceedings as follows: 21 a. When it appears that the best interests of the minor 22 or the convenience of the proceedings shall be served by a 23 transfer, the court may transfer the case to the court of the 24 county of the minor’s residence. 25 b. With the consent of the receiving court, the court may 26 transfer the case to the court of the county where the minor is 27 found. 28 3. The court shall transfer the case by ordering the 29 transfer and a continuance and by forwarding to the clerk 30 of the receiving court a certified copy of all papers filed 31 together with an order of transfer. The judge of the receiving 32 court may accept the filings of the transferring court or may 33 direct the filing of a new petition and hear the case anew. 34 Sec. 5. NEW SECTION . 232D.105 Proceedings governed by other 35 -2- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 2/ 25

law. 1 1. A petition alleging that a minor is in need of a 2 conservatorship is not subject to this chapter. Such 3 proceedings shall be governed by chapter 633 and may be 4 initiated pursuant to section 633.627. 5 2. A petition for the appointment of a guardian for a minor 6 and a petition for appointment of a conservator of a minor 7 shall not be combined. 8 3. If a minor guardianship proceeding under this chapter 9 pertains to an Indian child as defined in section 232B.3 and 10 the proceeding is subject to the Iowa Indian child welfare Act 11 under chapter 232B, the proceeding and other actions taken in 12 connection with the proceeding shall comply with chapter 232B. 13 Sec. 6. NEW SECTION . 232D.106 Applicability of rules of 14 civil procedure. 15 The rules of civil procedure shall govern guardianship 16 proceedings concerning a minor who is alleged to be in need of 17 a guardianship except as otherwise set forth in this chapter. 18 Sec. 7. NEW SECTION . 232D.201 Termination of parental 19 rights and child in need of assistance cases. 20 1. The court may appoint a guardian for a minor who does not 21 have a guardian if all parental rights have been terminated. 22 2. The court may appoint a guardian for a minor in a child 23 in need of assistance case pursuant to section 232.101A, 24 232.103A, or 232.104. 25 Sec. 8. NEW SECTION . 232D.202 Death of parents. 26 1. The court may appoint a guardian for a minor if both 27 parents are deceased. 28 2. In appointing a guardian for a minor whose parents are 29 deceased, the court shall give preference to a person, if 30 qualified and suitable, nominated as guardian for a minor by a 31 will that was executed by the parent or parents having legal 32 custody of the minor at the time of the parent’s or parents’ 33 death, and that was admitted to probate under chapter 633. 34 Sec. 9. NEW SECTION . 232D.203 Guardianship with parental 35 -3- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 3/ 25

consent. 1 1. The court may appoint a guardian for a minor if the court 2 finds all of the following: 3 a. The parent or parents having legal custody of the minor 4 understand the nature of the guardianship and knowingly and 5 voluntarily consent to the guardianship. 6 b. The minor is in need of a guardianship because of any one 7 of the following: 8 (1) The parent having legal custody of the minor has a 9 physical or mental illness that prevents the parent from 10 providing care and supervision of the child. 11 (2) The parent having legal custody of the minor is 12 incarcerated or imprisoned. 13 (3) The parent having legal custody of the minor is on 14 active military duty. 15 (4) The minor is in need of a guardianship for some other 16 reason constituting good cause shown. 17 c. Appointment of a guardian for the minor is in the best 18 interest of the minor. 19 2. If the guardianship petition requests a guardianship 20 with parental consent, the petition shall include an affidavit 21 signed by the parent or parents verifying that the parent or 22 parents knowingly and voluntarily consent to the guardianship. 23 The consent required by this subsection shall be on a form 24 prescribed by the judicial branch. 25 3. On or before the date of the hearing on the petition, 26 the parent or parents and the proposed guardian shall file 27 an agreement with the court. This agreement shall state the 28 following: 29 a. The responsibilities of the guardian. 30 b. The responsibilities of the parent or parents. 31 c. The expected duration of the guardianship, if known. 32 4. If the court grants the petition, it shall approve the 33 guardianship agreement between the custodial parent and the 34 proposed guardian and incorporate its terms by reference unless 35 -4- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 4/ 25

the court finds the agreement was not reached knowingly and 1 voluntarily or is not in the best interests of the child. 2 Sec. 10. NEW SECTION . 232D.204 Guardianship without 3 parental consent. 4 1. The court may appoint a guardian for a minor without the 5 consent of the parent or parents having legal custody of the 6 minor if the court finds by clear and convincing evidence all 7 of the following: 8 a. There is a person serving as a de facto guardian of the 9 minor. 10 b. There has been a demonstrated lack of consistent 11 parental participation in the life of the minor by the parent. 12 In determining whether a parent has demonstrated a lack of 13 consistent participation in the minor’s life, the court may 14 consider all of the following: 15 (1) The intent of the parent in placing the custody, care, 16 and supervision of the minor with the person petitioning as a 17 de facto guardian and the facts and circumstances regarding 18 such placement. 19 (2) The amount of communication and visitation of the parent 20 with the minor during the alleged de facto guardianship. 21 (3) Any refusal of the parent to comply with conditions for 22 retaining custody of the minor set forth in any previous court 23 orders. 24 2. The court may appoint a guardian for a minor without the 25 consent of the parent or parents having legal custody of the 26 minor if the court finds by clear and convincing evidence all 27 of the following: 28 a. No parent having legal custody of the minor is willing or 29 able to exercise the power the court will grant to the guardian 30 if the court appoints a guardian. 31 b. Appointment of a guardian for the minor is in the best 32 interest of the minor. 33 3. Prior to granting a petition for guardianship, the 34 court shall consider whether the filing of a child in need of 35 -5- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 5/ 25

assistance petition is appropriate under section 232.87. If 1 the court determines a child in need of assistance petition is 2 not appropriate, the court shall make findings of why a child 3 in need of assistance petition is not appropriate. 4 4. A proceeding under this section shall not create a new 5 eligibility category for the department of human services 6 protective services. 7 Sec. 11. NEW SECTION . 232D.301 Petition. 8 1. Proceedings for guardianship pursuant to this chapter 9 may be initiated by the filing of a petition by any person with 10 an interest in the welfare of the minor. 11 2. The petition shall list, to the extent known, all of the 12 following: 13 a. The name, age, and address of the minor who is the 14 subject of the petition. 15 b. The name and address of the petitioner and the 16 petitioner’s relationship to the minor. 17 c. If the petitioner is not the proposed guardian, the 18 name and address of the proposed guardian and the reason the 19 proposed guardian should be selected. 20 d. The name and address, to the extent known and 21 ascertainable, of the following: 22 (1) Any living parents of the minor. 23 (2) Any legal custodian of the minor. 24 (3) Any adult who has had the primary care of the minor or 25 with whom the minor has lived for at least six months prior to 26 the filing of the petition. 27 3. The petition shall contain a concise statement of the 28 factual basis for the petition. 29 4. The petition shall state whether a limited guardianship 30 is appropriate. 31 5. Any additional information, to the extent known and 32 reasonably ascertainable, required by section 598B.209 shall be 33 included in an affidavit attached to the petition. 34 6. The petition may request that a temporary guardian for 35 -6- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 6/ 25

a minor may be appointed. Such a petition shall specify the 1 duration of the requested temporary guardianship and the reason 2 for a temporary guardianship. 3 Sec. 12. NEW SECTION . 232D.302 Notice. 4 1. The filing of a petition shall be served upon the 5 minor who is the subject of the petition in the manner of an 6 original notice in accordance with the rules of civil procedure 7 governing such notice. Notice to the attorney representing the 8 minor, if any, is notice to the minor. 9 2. Notice shall be served upon the minor’s known parents 10 listed in the petition in accordance with the rules of civil 11 procedure. 12 3. Notice shall be served upon other known persons listed in 13 the petition in the manner prescribed by the court, which may 14 be notice by mail. Failure of such persons to receive actual 15 notice does not constitute a jurisdictional defect precluding 16 the appointment of a guardian by the court. 17 4. Notice of the filing of a petition given to a person 18 under subsection 2 or 3 shall include a statement that the 19 person may register to receive notice of the hearing on 20 the petition and other proceedings and the manner of such 21 registration. 22 Sec. 13. NEW SECTION . 232D.303 Attorney for minor. 23 1. Upon the filing of a petition for appointment of a 24 guardian pursuant to section 232D.301, the court shall appoint 25 an attorney for the minor, if the court determines that the 26 interests of the minor are or may be inadequately represented. 27 2. An attorney representing the minor shall advocate 28 for the wishes of the minor to the extent that those wishes 29 are reasonably ascertainable and advocate for best interest 30 of the minor if the wishes of the minor are not reasonably 31 ascertainable. 32 Sec. 14. NEW SECTION . 232D.304 Attorney for parent. 33 Upon the filing of a petition for appointment of a guardian, 34 the court shall appoint an attorney for the parent identified 35 -7- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 7/ 25

in the petition if all of the following are true: 1 1. The parent objects to the appointment of a guardian for 2 the minor. 3 2. The parent requests appointment of an attorney and 4 the court determines that the parent is unable to pay for an 5 attorney in accordance with section 232D.505. 6 Sec. 15. NEW SECTION . 232D.305 Court visitor. 7 1. The court may appoint a court visitor for the minor. 8 2. The same person shall not serve both as the attorney 9 representing the minor and as court visitor. 10 3. Unless otherwise enlarged or circumscribed by the court, 11 the duties of a court visitor with respect to the minor shall 12 include all of the following: 13 a. Conducting, if the minor’s age is appropriate, an initial 14 in-person interview with the minor. 15 b. Explaining to the minor, if the minor’s age is 16 appropriate, the substance of the petition, the purpose and 17 effect of the guardianship proceeding, the rights of the 18 minor at the hearing, and the general powers and duties of a 19 guardian. 20 c. Determining, if the minor’s age is appropriate, the views 21 of the minor regarding the proposed guardian, the proposed 22 guardian’s powers and duties, and the scope and duration of the 23 proposed guardianship. 24 d. Interviewing the parent or parents and any other person 25 with legal responsibility for the custody, care, or both, of 26 the minor. 27 e. Interviewing the petitioner, and if the petitioner is not 28 the proposed guardian, interviewing the proposed guardian. 29 f. Visiting, to the extent feasible, the residence where it 30 is reasonably believed that the minor will live if the guardian 31 is appointed. 32 g. Making any other investigation the court directs, 33 including but not limited to interviewing any persons providing 34 medical, mental health, educational, social, or other services 35 -8- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 8/ 25

to the minor. 1 4. The court visitor shall submit a written report to the 2 court that contains all of the following: 3 a. A recommendation regarding the appropriateness of a 4 guardianship for the minor. 5 b. A statement of the qualifications of the guardian 6 together with a statement of whether the minor has expressed 7 agreement with the appointment of the proposed guardian. 8 c. Any other matters the court visitor deems relevant to the 9 petition for guardianship and the best interests of the minor. 10 d. Any other matters the court directs. 11 5. The report of the court visitor shall be made part of the 12 court record unless otherwise ordered by the court. 13 Sec. 16. NEW SECTION . 232D.306 Hearing on petition. 14 1. The court shall fix the time and place of hearing on 15 the petition and shall prescribe a time not less than twenty 16 days after the date the notice is served unless the court finds 17 there is good cause shown to shorten the time period. The 18 court shall also prescribe the manner of service of the notice 19 of such hearing. 20 2. The minor who is the subject of a petition filed pursuant 21 to section 232D.301 shall be entitled to attend the hearing on 22 the petition if the minor is of an age appropriate to attend 23 the hearing. A presumption shall exist that a minor fourteen 24 years of age or older is of an age appropriate to attend the 25 hearing. 26 3. The court shall not exclude a minor entitled to 27 attend the hearing under subsection 2 unless the court finds 28 that there is good cause shown for excluding the minor from 29 attendance. 30 Sec. 17. NEW SECTION . 232D.307 Background checks of 31 proposed guardians. 32 1. The court shall request criminal record checks and checks 33 of the child abuse, dependent adult abuse, and sex offender 34 registries in this state for all proposed guardians other than 35 -9- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 9/ 25

financial institutions with Iowa trust powers unless a proposed 1 guardian has undergone the required background checks in this 2 section within the twelve months prior to the filing of a 3 petition. 4 2. The court shall review the results of background checks 5 in determining the suitability of a proposed guardian for 6 appointment. 7 3. The judicial branch in conjunction with the department 8 of public safety, the department of human services, and the 9 state chief information officer shall establish procedures for 10 electronic access to the single contact repository necessary to 11 conduct background checks requested under subsection 1. 12 4. The person who files a petition for appointment of 13 guardian for a minor shall be responsible for paying the fee 14 for the background check conducted through the single contact 15 repository unless the court waives the fee for good cause 16 shown. 17 Sec. 18. NEW SECTION . 232D.308 Selection of guardian —— 18 qualifications and preferences. 19 1. The court shall appoint as guardian a qualified and 20 suitable person who is willing to serve subject to the 21 preferences as to the appointment of a guardian set forth in 22 subsections 2 and 3. 23 2. In appointing a guardian for a minor, the court shall 24 give preference to a person, if qualified and suitable, 25 nominated as guardian for a minor by a will that was executed 26 by the parent or parents having legal custody of the minor 27 at the time of the parent’s or parents’ death, and that was 28 admitted to probate under chapter 633. 29 3. In appointing a guardian for a minor, the court shall 30 give preference, if qualified and suitable, to a person 31 requested by a minor fourteen years of age or older. 32 Sec. 19. NEW SECTION . 232D.309 Emergency appointment of 33 temporary guardian. 34 1. A person authorized to file a petition under section 35 -10- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 10/ 25

232D.301 may file a petition for the emergency appointment of a 1 temporary guardian for the minor. 2 2. The petition shall state all of the following: 3 a. The name and address of the minor and the birthdate of 4 the minor. 5 b. The name and address of the living parents of the minor, 6 if known. 7 c. The name and address of any other person legally 8 responsible for the custody or care of the minor, if known. 9 d. The reason the emergency appointment of a temporary 10 guardian is sought. 11 3. The court may enter an ex parte order appointing a 12 temporary guardian for a minor on an emergency basis under this 13 section if the court finds that all of the following are met: 14 a. There is not sufficient time to file a petition and hold 15 a hearing pursuant to section 232D.301. 16 b. The appointment of temporary guardian is necessary to 17 avoid immediate or irreparable harm to the minor. 18 4. Notice of the emergency appointment of a temporary 19 guardian shall be provided to persons required to be listed in 20 the petition under subsection 2. 21 5. The parents of the minor and any other person legally 22 responsible for the custody or care of the minor may file a 23 written request for a hearing. Such hearing shall be held no 24 later than seven days after the filing of the written request. 25 6. The powers of the temporary guardian set forth in the ex 26 parte order shall be limited to those necessary to address the 27 emergency situation requiring the appointment of a temporary 28 guardian. 29 7. The ex parte order shall terminate within thirty days 30 after the order is issued. 31 Sec. 20. NEW SECTION . 232D.310 Appointment of a guardian 32 for a minor on a standby basis. 33 1. An adult person having physical and legal custody of 34 a minor may execute a verified petition for the appointment 35 -11- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 11/ 25

of a guardian of the minor upon the express condition that 1 the petition shall be acted upon by the court only upon 2 the occurrence of an event specified or the existence of a 3 described condition of the mental or physical health of the 4 petitioner, the occurrence of which event, or the existence of 5 which condition, shall be established in the manner directed 6 in the petition. The petition, in addition to containing 7 the information required in section 232D.301, shall include 8 a statement that the petitioner understands the result of a 9 guardian being appointed for the minor. An appointment of a 10 guardian for a minor shall only be effective until the minor 11 attains full age. 12 2. A standby petition may nominate a person for appointment 13 to serve as guardian as well as alternate guardians if the 14 nominated person is unable or unwilling or is removed as 15 guardian. The court in appointing the guardian shall appoint 16 the person or persons nominated by the petitioner unless the 17 person or persons are not qualified or for other good cause and 18 shall give due regard to other requests and recommendations 19 contained in the petition. 20 3. A standby petition may be deposited with the clerk of the 21 county in which the minor resides or with any person nominated 22 by the petitioner to serve as guardian. 23 4. A standby petition may be revoked by the petitioner 24 at any time before appointment of a guardian by the court, 25 provided that the petitioner is of sound mind at the time 26 of revocation. Revocation shall be accomplished by the 27 destruction of the petition by the petitioner, or by the 28 execution of an acknowledged instrument of revocation. If the 29 petition has been deposited with the clerk, the revocation may 30 likewise be deposited there. 31 5. If the standby petition has been deposited with the 32 clerk under the provisions of subsection 3 and has not been 33 revoked under the provisions of subsection 4, the petition may 34 be filed with the court upon the filing of a verified statement 35 -12- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 12/ 25

to the effect that the occurrence of the event or the condition 1 provided for in the petition has occurred. If the petition 2 has not been deposited with the clerk under the provisions of 3 subsection 3 and has not been revoked under the provisions 4 of subsection 4, then the petition shall be filed with the 5 court at the time a verified statement that the occurrence 6 of the event or the condition provided for in the petition 7 has occurred is filed with the court in the county where the 8 minor then resides. Upon filing of the petition and verified 9 statement, the person filing the verified statement shall 10 become the petitioner and the proceedings shall be thereafter 11 conducted as provided for in this chapter. 12 6. A standby petition for the appointment of a guardian for 13 a minor shall not supersede any contradictory provision in a 14 will admitted to probate of a parent, guardian, or custodian 15 having physical and legal custody of a minor in the event of 16 the parent’s, guardian’s, or custodian’s death. 17 Sec. 21. NEW SECTION . 232D.311 Appointment of guardian for 18 minor approaching majority on a standby basis. 19 Notwithstanding section 232D.103, any adult with an interest 20 in the welfare of a minor who is at least seventeen years and 21 six months of age may file a verified petition pursuant to 22 section 633.552 to initiate a proceeding to appoint a guardian 23 of the minor to take effect on the minor’s eighteenth birthday. 24 Sec. 22. NEW SECTION . 232D.401 Order appointing guardian 25 and powers of guardian. 26 1. The order by the court appointing a guardian for a minor 27 shall state the basis for the order. 28 2. The order by the court appointing a guardian for a minor 29 shall state whether the guardianship is a limited guardianship. 30 3. An order by the court appointing a guardian for a minor 31 shall state the powers granted to the guardian. Except as 32 otherwise limited by court order, the court may grant the 33 guardian the following powers, which may be exercised without 34 prior court approval: 35 -13- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 13/ 25

a. Taking custody of the minor and establishing the minor’s 1 permanent residence if otherwise consistent with the terms of 2 any order of competent jurisdiction relating to the custody, 3 placement, detention, or commitment of the minor within the 4 state. 5 b. Consenting to medical, dental, and other health care 6 treatment and services for the minor. 7 c. Providing or arranging for the provision of education 8 for the minor including but not limited to preschool education, 9 primary education and secondary education, special education 10 and related services, and vocational services. 11 d. Consenting to professional services for the minor to 12 ensure the safety and welfare of the minor. 13 e. Applying for and receiving funds and benefits payable for 14 the support of the minor. 15 f. Any other powers the court may specify. 16 4. The court may grant the guardian the following powers, 17 which shall only be exercised with prior court approval: 18 a. Consenting to the withholding or withdrawal of 19 life-sustaining procedures, as defined in section 144A.2, from 20 the minor, the performance of an abortion on the minor, or the 21 sterilization of the minor. 22 b. Establishing the residence of the minor outside of the 23 state. 24 c. Consenting to the marriage of the minor. 25 d. Consenting to the emancipation of the minor. 26 5. The guardian shall obtain prior court approval for denial 27 of all visitation, communication, or interaction between the 28 minor and the parents of the minor. The court shall approve 29 such denial of visitation, communication, or interaction 30 upon a showing by the guardian that significant physical or 31 emotional harm to the minor has resulted or is likely to result 32 to the minor from parental contact. The guardian may place 33 reasonable time, place, or manner restrictions on visitation, 34 communication, or interaction between the minor and the minor’s 35 -14- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 14/ 25

parents without prior court approval. 1 Sec. 23. NEW SECTION . 232D.402 Duties and responsibilities 2 of guardian. 3 1. A guardian is a fiduciary and shall act in the 4 best interest of the minor and exercise reasonable care, 5 diligence, and prudence in performing guardianship duties and 6 responsibilities. The fiduciary duties of a guardian for an 7 adult set forth in chapter 633 are applicable to a guardian 8 under this chapter. 9 2. Except as otherwise limited by the court, a guardian 10 has the duty and responsibility to ensure the minor’s health, 11 education, safety, welfare, and support. 12 3. A guardian with whom the minor is not living should 13 maintain regular contact with the minor. 14 4. A guardian should make reasonable efforts to facilitate 15 the continuation of the relationship of the minor and the 16 minor’s parents subject to section 232D.401, subsection 5. 17 5. A guardian shall file the reports with the court required 18 under section 232D.501. 19 6. A guardian shall promptly inform the court of any change 20 in the permanent residence of the minor and the minor’s new 21 address. 22 7. A guardian shall promptly inform the court of any change 23 in the minor’s school or school district. 24 Sec. 24. NEW SECTION . 232D.403 Guardian’s acceptance of 25 appointment and oath and issuance of letters of appointment. 26 The court shall issue letters of appointment to a guardian 27 upon the guardian’s acceptance of appointment and the 28 guardian’s subscription of an oath, or certification under 29 penalties of perjury, that the guardian will faithfully 30 discharge the duties imposed by law, according to the best of 31 the guardian’s ability. 32 Sec. 25. NEW SECTION . 232D.501 Reports of guardian. 33 1. A guardian appointed by the court under this chapter 34 shall file the following reports which shall not be waived by 35 -15- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 15/ 25

the court: 1 a. A verified initial care plan filed within sixty days of 2 appointment. The information in the initial care plan shall 3 include but not be limited to the following information: 4 (1) The minor’s current residence and guardian’s plan for 5 the minor’s living arrangements. 6 (2) The guardian’s plan for payment of the minor’s living 7 expenses and other expenses. 8 (3) The minor’s health status and the guardian’s plan for 9 meeting the minor’s health needs. 10 (4) The minor’s educational training and vocational needs 11 and the guardian’s plan for meeting the minor’s educational 12 training and vocational needs. 13 (5) The guardian’s plan for facilitating contacts of the 14 minor with the minor’s parents. 15 (6) The guardian’s plan for contact with and activities on 16 behalf of the minor. 17 b. A verified annual report filed within thirty days of 18 the close of the reporting period. The information in the 19 annual report shall include but not be limited to the following 20 information: 21 (1) The current residence and living arrangements of the 22 minor. 23 (2) The sources of the payment for the minor’s living 24 expenses and other expenses. 25 (3) The minor’s health status and health services provided 26 the minor. 27 (4) The minor’s mental, behavioral, or emotional problems, 28 if any, and professional services provided the minor for such 29 problems. 30 (5) The minor’s educational status and educational training 31 and vocational services provided the minor. 32 (6) The nature and extent of parental visits and 33 communication with the minor. 34 (7) The nature and extent of the guardian’s visits with and 35 -16- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 16/ 25

activities on behalf of the minor. 1 (8) The need for continuation of guardianship. 2 (9) The ability of the guardian to continue as guardian. 3 (10) The need of the guardian for assistance in providing or 4 arranging for the provision of care for the minor. 5 c. A final report filed within thirty days of the 6 termination of the guardianship under section 232D.503. 7 2. The judicial branch shall prescribe the forms for use by 8 the guardian in filing the reports required by this section. 9 3. The clerk of the court shall notify the guardian in 10 writing of the reporting requirements and shall provide 11 information and assistance to the guardian in filing the 12 reports. 13 4. Reports of the guardian shall be reviewed and approved 14 by the court. 15 Sec. 26. NEW SECTION . 232D.502 Removal of guardian —— 16 appointment of successor guardian. 17 1. The court may remove a guardian for a minor for failure 18 to perform guardianship duties or for other good cause shown. 19 2. The court shall conduct a hearing to determine whether 20 a guardian should be removed on the filing of a petition by 21 a minor under guardianship who is fourteen years of age or 22 older, the parent of a minor, or other person with an interest 23 in welfare of the minor if the court determines that there are 24 reasonable grounds for believing that removal is appropriate 25 based on the allegations stated in the petition. 26 3. The court may conduct a hearing to determine whether 27 the guardian should be removed on the receipt of a written 28 communication from a minor under guardianship who is fourteen 29 years of age or older, the parent of the minor, or other 30 person with an interest in welfare of the minor if the court 31 determines that a hearing would be in the best interest of the 32 minor. 33 4. The court may decline to hold a hearing under subsection 34 2 or 3 if the same or substantially similar facts were alleged 35 -17- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 17/ 25

in a petition filed in the preceding six months or in a written 1 communication received in the preceding six months. 2 5. The court may appoint a successor guardian on the 3 removal of a guardian pursuant to subsection 1, the death of a 4 guardian, or the resignation of a guardian. 5 Sec. 27. NEW SECTION . 232D.503 Termination and modification 6 of guardianships. 7 1. A guardianship shall terminate on the minor’s death, 8 adoption, emancipation, or attainment of majority. 9 2. The court shall terminate a guardianship established 10 pursuant to section 232D.203 if the court finds that the basis 11 for the guardianship set forth in section 232D.203 is not 12 currently satisfied unless the court finds that the termination 13 of the guardianship would be harmful to the minor and the 14 minor’s interest in continuation of the guardianship outweighs 15 the interest of a parent of the minor in the termination of the 16 guardianship. 17 3. The court shall terminate a guardianship established 18 pursuant to section 232D.204 if the court finds that the 19 basis for the guardianship set forth in section 232D.204 20 is not currently satisfied. A person seeking termination 21 of guardianship established pursuant to section 232D.204 22 has the burden of making a prima facie showing that the 23 guardianship should be terminated. If such a showing is made, 24 the guardian has the burden of going forward to prove by clear 25 and convincing evidence that the guardianship should not be 26 terminated. 27 4. The court shall modify the powers granted to the guardian 28 if the court finds such powers no longer meet the needs of the 29 minor or are not in the minor’s best interest. 30 5. The court may conduct a hearing to determine whether 31 termination or modification of a guardianship is appropriate 32 on the filing of a petition by a minor fourteen years of age or 33 older who is under guardianship, a guardian, or other person 34 with an interest in the welfare of the minor or on receipt of a 35 -18- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 18/ 25

written communication from such persons. 1 Sec. 28. NEW SECTION . 232D.504 Rights and immunities of 2 a guardian. 3 1. A guardian is not required to use the guardian’s personal 4 funds for the minor’s expenses. If a conservator has been 5 appointed for the estate of the minor, the guardian may request 6 and the conservator may approve and pay for the requested 7 reimbursement without prior court approval. 8 2. A guardian may submit a request, together with the 9 guardian’s annual report, for approval by the court of 10 reasonable compensation for services as guardian. 11 3. Notwithstanding section 137C.25B or any other provision 12 of law to the contrary, a guardian is not liable to a third 13 person for an act or omission of the minor solely by reason of 14 the guardianship. 15 Sec. 29. NEW SECTION . 232D.505 Expenses. 16 1. Except as otherwise provided by law, the court shall 17 inquire into the ability of the minor or the minor’s parent to 18 pay expenses incurred pursuant to the guardianship proceedings 19 established under this chapter. After giving the minor and 20 the parent a reasonable opportunity to be heard, the court 21 may order the minor or the parent to pay all or part of the 22 following: 23 a. Costs of legal expenses of the minor and the parent. 24 b. Expenses for a court visitor. 25 c. Filing fees and other court costs, unless the costs are 26 waived for good cause shown. 27 2. If the court finds a minor’s parents to be indigent, or 28 if the minor has no parent, costs shall be assessed against 29 the county in which the proceeding is pending. For purposes 30 of assessing costs under this subsection, the court shall find 31 a minor’s parents to be indigent if the minor’s or the parent’s 32 income and resources do not exceed one hundred fifty percent 33 of the federal poverty level, or the minor’s parent would be 34 unable to pay such costs without prejudicing the parent’s 35 -19- SF425.1671 (1) 88 (amending this SF 425 to CONFORM to HF 591) asf/jh 19/ 25