Senate File 306 - Introduced SENATE FILE 306 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1162) A BILL FOR An Act relating to communication and visitation between an 1 adult ward and another person. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1012SV (4) 86 jh/rj

S.F. 306 Section 1. Section 633.635, subsection 1, Code 2015, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0f. Placing reasonable time, place, 3 or manner restrictions on communication, visitation, or 4 interaction between the ward and another person. 5 Sec. 2. Section 633.635, subsection 2, Code 2015, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . d. Denying all communication, visitation, or 8 interaction by an adult ward with a person with whom the adult 9 ward has expressed a desire to communicate, visit, or interact 10 or with a person who seeks to communicate, visit, or interact 11 with the adult ward. A court shall approve the denial of all 12 communication, visitation, or interaction with another person 13 only upon a showing of good cause by the guardian. 14 Sec. 3. NEW SECTION . 633.637A Rights of ward under 15 guardianship. 16 An adult ward under a guardianship has the right of 17 communication, visitation, or interaction with other persons 18 upon the consent of the adult ward, subject to section 633.635, 19 subsection 2, paragraph “d” . If an adult ward is unable 20 to give express consent to such communication, visitation, 21 or interaction with a person due to a physical or mental 22 condition, consent of a ward may be presumed by a guardian or a 23 court based on a ward’s prior relationship with such person. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to an adult ward’s right to interact and 28 visit with another person. 29 The bill provides that an adult ward’s guardian may deny an 30 adult ward’s communication, visitation, or interaction with 31 a person with whom the adult ward has expressed a desire to 32 communicate, visit, or interact, or with a person who seeks to 33 communicate, visit, or interact with the adult ward, only upon 34 court approval. The bill provides that a court shall grant 35 -1- LSB 1012SV (4) 86 jh/rj 1/ 2

S.F. 306 such power to a guardian only if the guardian can show good 1 cause to deny communication, visitation, or interaction between 2 the adult ward and the other person. 3 The bill specifies that a guardian may place reasonable 4 time, place, or manner restrictions on an adult ward’s 5 communication, visitation, or interaction with another person 6 without court approval. 7 The bill further provides that an adult ward has the right of 8 communication, visitation, or interaction with other persons 9 upon the adult ward’s consent. If the adult ward is unable to 10 express consent, consent may be presumed by a guardian or a 11 court based on a ward’s prior relationship with such person. 12 -2- LSB 1012SV (4) 86 jh/rj 2/ 2