H.F. 415 Section 1. Section 232.118, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. Upon application of an interested party , upon the 3 filing of a petition by an interested party in accordance with 4 subsection 1A, or upon the court’s own motion, the court having 5 jurisdiction of the child may, after notice to the parties and 6 a hearing, remove a court-appointed guardian and appoint a 7 guardian in accordance with the provisions of section 232.117, 8 subsection 3 . 9 Sec. 2. Section 232.118, Code 2011, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 1A. If a petition is filed by an interested 12 party asking for removal of a court-appointed guardian and 13 appointment of a guardian in accordance with the provisions 14 of section 232.117, subsection 3, the petition shall state or 15 attach the following: 16 a. The name, residence, and domicile of any guardian or 17 custodian of the child and the name, residence, and domicile of 18 the child’s guardian ad litem. 19 b. The name, residence, and domicile of the petitioner, and 20 the date or expected date on which any adoption proceedings are 21 expected to commence. 22 c. The existence of any criminal conviction or deferred 23 judgment for an offense other than a simple misdemeanor under 24 a law of any state against the guardian or custodian, and 25 the existence of any founded child abuse report in which the 26 guardian or custodian is named. 27 d. A description and estimate of the value of any property 28 owned by or held for the child. 29 e. A preplacement investigation report that has been 30 prepared concerning the child. 31 f. Other relevant information. 32 NEW SUBSECTION . 1B. If the child’s guardian is the 33 department or an agency appointed under section 232.117, 34 subsection 3, paragraph “a” or “b” , and the court finds by 35 -1- LSB 2487YH (2) 84 jp/nh 1/ 3

H.F. 415 clear and convincing evidence that removal of the guardian is 1 in the child’s best interest, the court shall order removal of 2 the guardian and appoint a replacement guardian under section 3 232.117, subsection 3. However, the court shall not order the 4 removal over a formal objection to the removal filed by the 5 child’s attorney or guardian ad litem unless the court finds by 6 a preponderance of the evidence that removal of the guardian 7 is in the child’s best interest. The factors considered by 8 the court in determining the child’s best interest under this 9 subsection may include but are not limited to any of the 10 following information: 11 a. The existence of a significant relationship between the 12 child and the petitioner. 13 b. The special needs of the child and the petitioner’s 14 ability to meet those needs. 15 c. The potential effects on the child if the guardian is 16 removed and a replacement guardian is appointed. 17 EXPLANATION 18 This bill relates to the grounds for removal of a child’s 19 guardian in a termination of parental rights proceeding under 20 Code chapter 232, the juvenile justice code. 21 Under current law when termination of parental rights over 22 a child is ordered under Code section 232.117, the court must 23 transfer guardianship and custody to one of the following: the 24 department of human services; a child-placing agency or other 25 suitable private agency, facility, or institution which is 26 licensed or otherwise authorized by law to receive and provide 27 care for the child; or a parent who does not have physical care 28 of the child, other relative, or other suitable person. 29 Current law under Code section 232.118 allows the juvenile 30 court with jurisdiction over the child to order removal of a 31 guardian upon application of an interested party or upon the 32 court’s own motion, after notice to the parties and a hearing. 33 The bill allows an interested party to file a petition 34 containing information specified in the bill. 35 -2- LSB 2487YH (2) 84 jp/nh 2/ 3

H.F. 415 A recent Iowa court of appeals decision indicates that a 1 court’s decision on removal of a child’s guardian in such cases 2 must be based upon proof of unreasonable actions on the part of 3 the guardian. The bill provides that if the child’s guardian 4 is the department or an agency, and the court finds by clear 5 and convincing evidence that removal of the guardian is in the 6 child’s best interest, the court must order removal of the 7 guardian and appoint a replacement guardian under Code section 8 232.117, subsection 3. However, the court is prohibited from 9 ordering the removal over a formal objection to the removal 10 filed by the child’s attorney or guardian ad litem unless the 11 court finds by a preponderance of the evidence that removal of 12 the guardian is in the child’s best interest. The bill lists 13 various factors concerning the child and the petitioner that 14 may be considered by the court. 15 -3- LSB 2487YH (2) 84 jp/nh 3/ 3