Senate Study Bill 3141 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON KREIMAN) A BILL FOR An Act relating to transfer of guardianship for a child in need 1 of assistance to the probate court. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5758XC (2) 83 jp/nh

S.F. _____ Section 1. Section 232.104, subsection 7, Code 2009, is 1 amended to read as follows: 2 7. a. Following an initial permanency hearing and the 3 entry of a permanency order which places a child in the custody 4 or guardianship of another person or agency, the court shall 5 retain jurisdiction and annually review the order to ascertain 6 whether the best interest of the child is being served. When 7 the order places the child in the custody of the department 8 for the purpose of long-term foster care placement in a 9 facility, the review shall be in a hearing that shall not be 10 waived or continued beyond twelve months after the initial 11 permanency hearing or the last permanency review hearing. Any 12 modification shall be accomplished through a hearing procedure 13 following reasonable notice. During the hearing, all relevant 14 and material evidence shall be admitted and procedural due 15 process shall be provided to all parties. 16 b. In lieu of the procedures specified in paragraph “a” , 17 the court may close the child in need of assistance case by 18 transferring jurisdiction over the child’s guardianship to the 19 probate court. Before transferring jurisdiction, the court 20 shall direct the probate clerk to issue letters of appointment 21 for guardianship and docket the case in probate. 22 Sec. 2. Section 633.559, Code 2009, is amended to read as 23 follows: 24 633.559 Preference as to appointment of guardian. 25 The Except for a minor child for whom the court’s 26 jurisdiction over the child’s guardianship was established 27 pursuant to transfer of the child’s case in accordance with 28 section 232.104, the parents of a minor child , or either of 29 them, if qualified and suitable, shall be preferred over all 30 others for appointment as guardian. Preference shall then be 31 given to any person, if qualified and suitable, nominated as 32 guardian for a minor child by a will executed by the parent 33 having custody of a minor child, and any qualified and suitable 34 person requested by a minor fourteen years of age or older, or 35 -1- LSB 5758XC (2) 83 jp/nh 1/ 3

S.F. _____ by standby petition executed by a person having physical and 1 legal custody of a minor. Subject to these preferences, the 2 court shall appoint as guardian a qualified and suitable person 3 who is willing to serve in that capacity. 4 Sec. 3. NEW SECTION . 633.563 Child in need of assistance 5 cases —— closing guardianship. 6 If the court appointed a guardian for a minor child for 7 whom the court’s jurisdiction over the child’s guardianship 8 was established pursuant to transfer of the child’s case in 9 accordance with section 232.104, the court shall not enter 10 an order closing the guardianship before the child becomes 11 age eighteen unless the court finds by clear and convincing 12 evidence that the best interests of the child warrant a return 13 of custody to the child’s parent. 14 EXPLANATION 15 This bill relates to transfer of guardianship for a child in 16 need of assistance to the probate court. 17 Code section 232.104, relating to permanency hearings 18 for children in need of assistance who are subject to an 19 out-of-home placement order entered by the juvenile court, is 20 amended. Under current law, once there has been an initial 21 permanency hearing which places a child in the custody or 22 guardianship of another person or agency, the juvenile 23 court retains jurisdiction and annually reviews the order to 24 ascertain whether the best interest of the child is being 25 served. The bill allows the juvenile court instead to close 26 the case by transferring jurisdiction over the guardianship of 27 the child to the probate court. 28 Before transferring jurisdiction, the court is required to 29 direct the probate clerk to issue letters of appointment for 30 guardianship and docket the case in probate. 31 The bill applies an exception to current probate law in 32 Code section 633.559 which otherwise establishes an overall 33 preference for child guardianships to be with the child’s 34 parent. Under the bill, the preference does not apply to 35 -2- LSB 5758XC (2) 83 jp/nh 2/ 3

S.F. _____ transferred child in need of assistance cases. 1 New Code section 633.563 prohibits the probate court from 2 entering an order closing a transferred child in need of 3 assistance guardianship before the child becomes age 18 unless 4 the court finds by clear and convincing evidence that the best 5 interests of the child warrant a return of custody to the 6 child’s parent. 7 -3- LSB 5758XC (2) 83 jp/nh 3/ 3